Research On Punitive Damages

The main questions involving the punitive damages can be divided into the following three ones. The first one is, why should we apply this system ? This question not only has a lot to do with the natures and functions of this system, but also involves in whether the system will conflict with the system of compensatory damages. The second one is, under what circumstances may punitive damages be awarded ? And the third one is, when permitted, what amount is appropriate ? That is to say, when deciding the amount, what factors should the judgers take into account ? The aim of this article is to answer all these questions.The thesis suggests that the aims of the system of punitive damages can be summarized as compensating the harms, scaring the unlawful practices and making reprisals. But its main aim should be scaring the reoccurring of the unlawful practices.On the basis of the previous assumption, the thesis suggests that punitive damages are imposed when the tort is committed willfully, maliciously, with wanton disregard for the rights of others, or for fraud and for the breach of contracts under certain circumstances.The courts in the U.S.A have articulated look to reasonableness in light of such factors as punitive damages' nature and purpose, the character and degree of the defendant's wrongs, the harm that the defendant did and might have caused and the harm that might result if similar future behavors were not deterred, the relationship to compensatory damages, the defendant's wealth, and the cupability of defendant's state of mind. The thesis thinks that from the primary aim of punitive damage, the cupability of defendant's state of mind should be the first and most important criterion.Finally the thesis makes comments on Art.49 of the Consumer Protection Law of the People's Republic of China .It argues that this article has at least three defects. So it should be amended .